Dear Judge Eaton: Could the defense put Casey on the stand, ask their questions, and when it is the prosecutor?s turn have her plead the Fifth? -- Maria

When a defendant elects to take the stand to testify, she puts her credibility at issue just like any other witness. After she testifies on direct examination, she is subject to cross-examination on the matters to which she testified. She cannot take the Fifth Amendment on any matter to which she has testified. However, she cannot be questioned about crimes for which she has not been accused. -- Judge O.H. Eaton

State On Accidental Drowning

Dear Judge Eaton: Why isn't the state pressing the defense's claim during opening statements that Caylee was the victim of an accidental drowning? -- Tom, Marietta, Ga.

I expect the state to challenge the defense of drowning both during the defense?s case and in rebuttal. -- Judge O.H. Eaton

Jose Baez Compensation

Dear Judge Eaton: If Jose Baez is representing Casey for free, how is he able to maintain his normal business and personal expenses? Why would he choose to represent her for free? Do you think he hopes to gain credibility or notoriety from this case? -- Sara, DeBary, Fla.

You will have to ask Mr. Baez these questions. I have not discussed them with Mr. Baez, and I simply don?t know the answers. -- Judge O.H. Eaton

Possible Sanctions

Dear Judge Eaton: What sanctions, if any, could be levied by the Florida Bar against either attorney, the prosecution or the defense? -- Palo

The Florida Bar can file ethical charges in appropriate cases. The accused attorney has the right to be heard before a local grievance committee. The committee submits a report to the Florida Supreme Court. Depending on the seriousness of the violation, the court can issue various sanctions such as a reprimand, placing the lawyer on probation with various conditions such as requiring oversight of the lawyer?s trust account, suspending the lawyer from practice of law or disbarment. -- Judge O.H. Eaton

Witness Admonitions

Dear Judge Eaton: I know the jury members are not permitted to read, view or discuss any aspects of the case they will eventually determine. What about witnesses? Are they allowed to view news stories on the case or read newspaper coverage regarding the case? -- Yolanda Ulrich, The Villages, Fla.

Witnesses are instructed not to discuss the case among themselves or with anyone else -- except the lawyers in the case -- and not to read about the case or watch news reports. -- Judge O.H. Eaton

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New Defense Team?

Dear Judge Eaton: Would Judge Perry have the authority to take Jose Baez off the Casey Anthony case and replace him with another defense attorney? If so, could Casey Anthony protest his decision? -- Joyce Mitchell, Jacksonville, Ill.

This would be a most drastic sanction. The Constitution guarantees a defendant to have counsel of her choice unless counsel is appointed because the defendant is indigent. Removing counsel during the middle of a trial would have to be justified because counsel has become physically incapacitated, is grossly incompetent or conducting himself in a manner that cannot be corrected by contempt proceedings. The appellate courts seriously frown upon removing counsel without the defendant?s consent. The error could be serious enough to warrant a new trial. -- Judge O.H. Eaton

Mason Lead Attorney

Dear Judge Eaton: In view of the apparent disregard for the court?s orders by Mr. Baez, is there a reason that Judge Perry could not designate Cheney Mason as the lead attorney and delegate Mr. Baez to secondary role? -- Mike, Kissimmee, Fla.

This is an option, but it is low on the list as an extreme sanction. Mr. Mason may or may not be familiar with all of the witnesses. Substituting one lawyer for another may result in even more delay. Substituting counsel without the defendant?s consent is likely to be an error serious enough to warrant a new trial. Removal of counsel is allowed only in cases where counsel is grossly incompetent, physically incapacitated or conducting himself in such a manner that cannot be corrected by contempt proceedings. -- Judge O.H. Eaton

Speedy Trial?

Dear Judge Eaton: Casey Anthony was arrested in 2008 and was indicted by the grand jury that same year. Now it's 2 1/2 years later for the trial. What happened to a person being afforded a speedy trial? -- Karen, Crystal River, Fla.

Florida Criminal Procedure Rule 3.191 provides for a defendant to be brought to trial on a felony charge within 185 days following arrest. This time limit can be waived, and it was waived in this case. The defendant has the right to file a demand for speedy trial at any time and be brought to trial within 60 days. No demand was filed in this case because the case was not ready for trial. -- Judge O.H. Eaton

What's In Jury Room?

Dear Judge Eaton: What is available in the jury room for their use when removed from the courtroom? Can they have books, magazines? Is there a TV and possibly a DVD player available to watch movies or things other than trial coverage -- perhaps history or science channels or the like? They seem to be having to spend a lot of time back there, and without something, it would seem to be extremely and increasingly difficult not to start talking about proceedings inside the courtroom. -- Dianne, Ocala, Fla.

The jurors are allowed to have books and other reading materials not related to the case while they are out of court waiting in the jury room. I doubt if there is a connection for TV in the jury room. They are not allowed to have any of these materials during deliberations. -- Judge O.H. Eaton